Darius N. Kandawalla, Member

Darius N. Kandawalla
Direct
T 614.229.3255
F 614.221.0479
Columbus Office
T 614.221.3155
F 614.221.0479

Darius focuses his practice on directors and officers liability insurance and other related forms of management liability and professional liability insurance.  He has represented insurers as coverage and monitoring counsel in a wide-array of sophisticated claims, from the highest-profile cases against D&Os of public companies to professional liability claims against private and non-profit entities and their principals.  Darius has litigated insurance coverage issues on behalf of insurers throughout the country at both the trial and appellate levels, and is regularly involved in complex coverage disputes under D&O, E&O, Fiduciary, EPL, and other related types of policies.

Darius is a graduate, with honors, from the Ohio State University College of Law and previously served as an Assistant Attorney General in the Ohio Attorney General's Office.  He has a Martindale-Hubbell AV peer rating, which represents a very high to preeminent legal ability and a very high general ethical standard.

Noteworthy Experience

  • Lead trial and appellate counsel for two excess insurers in landmark D&O case enforcing excess policies' exhaustion provisions.  Citigroup Inc. v. Fed. Ins. Co., 649 F.3d 367 (5th Cir. 2011); Citigroup, Inc. v. Nat'l Union Fire Ins. Co., 2010 U.S. Dist. LEXIS 60128 (S.D. Tex. May 28, 2010).
  • Lead trial and appellate counsel in obtaining, and affirming, summary judgment applying a D&O policy's professional services exclusion to bar coverage for outside directors of a payroll processing company.   Begun v. Scottsdale Ins. Co., 613 Fed. Appx. 643 (9th Cir. 2015); Begun v. Scottsdale Ins. Co., Case No. 3:12-cv-03649-EDL (N.D. Cal. May 14, 2013).
  • Lead counsel for insurer in obtaining partial summary judgment in a banking claim under an internet services exclusion.  Bank of Rhode Island v. Progressive Cas. Ins. Co., 19 F. Supp. 3d 378 (D.R.I. 2014).
  • Lead counsel for excess insurer in obtaining dismissal with prejudice of massive claim brought by United Healthcare for sums it incurred in defense and settlement of class action and government proceedings.  Unitedhealth Group v. Hiscox Dedicated Corporate Member, Ltd., 2010 U.S. Dist. LEXIS 10983 (D. Minn. Feb. 9, 2010).
  • Represented insurer as lead counsel in dismissal of coverage action arising out of qui tam litigation. The Health Alliance of Greater Cincinnati v. Nat'l Union Fire Ins. Co. of Pittsburgh, No. 1:09 cv 00342 (S.D. Ohio).
  • Represented insurer in obtaining dismissal with prejudice of coverage action based on insured's untimely notice of claims. Colorbok, LLC, et al. v. Scottsdale Indemnity Company, et al., No. 14 CV 009269 (Ct. C.P. Franklin Cnty., Ohio Aug. 5, 2015).
  • Litigated, arbitrated, and mediated multitude of other coverage disputes resulting in favorable dispositions for primary and excess insurers.
  • Represented D&O insurers in connection with hundreds of securities class actions, derivative claims, M&A litigation, ERISA stock-drop litigation, failed bank claims, employment matters, professional liability claims, and other management liability claims.

Publications & Speaking Engagements

  • Contributing Author and Chapter Editor of Liability of Corporate Officers and Directors (8th Ed., LexisNexis Matthew Bender Publishing, 2009), and annual supplements.
  • Co-Author, with Dan Bailey, of U.S. Chapter in Directors' Liability and Indemnification – A Global Guide, Second Edition (Globe Business Publishing Ltd. 2011).
  • Author of D&O Practice Area Module, Lexis Practice Advisor (lexisnexis.com 2014).
  • Co-Author, with Dan Bailey, of Directors' and Officers' Liability Exposures (IRMI 2013).
  • Contributing Editor of annual D&O Insurance Case Law Outline: Recent Developments (1999 to present).
  • Regular speaker and panelist at seminars and conferences on D&O liability and insurance issues.

Affiliations and Civic Involvement

  • United Way, Tocqueville Society
  • Professional Liability Underlying Society
  • Meals on Wheels
  • Member of firm's Board of Directors
  • Ohio and Columbus Bar Associations
  • Regular coach and advisor to law school moot court and mock trial teams
  • Former Trustee, OperaColumbus
  • Former Trustee, Capital Regiment Drum & Bugle Corps

Education

  • Ohio State University (J.D., 1996; with honors)
    • Law Journal
    • ABA Moot Court Team
  • Bowling Green State University (B.A., 1993; cum laude)

Bar Admissions

  • Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit